Election Rules Face Lawsuit Tamarac Candidate Alleges Unfairness

TAMARAC -- A lawsuit challenging city election rules has turned up the temperature in an already heated contest for Tamarac`s mayoralty.

The complaint involves the race for mayor between two City Council members, Diane Glasser and Larry Bender.

Last week, Glasser filed a complaint in Broward Circuit Court, naming Bender, the city, and Broward Elections Supervisor Jane Carroll as defendants. It questions the fairness of some of the city`s election rules.

Council candidates now serve up to two consecutive two-year terms in a particular seat. After that, they are not permitted to seek re-election. But there is an exception to term limits. The council member can decide to run for mayor, as Bender, who is a four-year member of the council, is doing. Also, a candidate can run for a council seat after serving four years as mayor, as council candidate Norman Abramowitz is doing.

In addition, elections in Tamarac, although at-large, are staggered by district. In odd-numbered years, candidates living in Districts 1 and 3 run for those seats. In even-numbered years, candidates run for the District 2 and 4 seats, and for mayor.

Glasser`s suit says that when these two elements are combined, a discriminatory situation arises. Because elections in Districts 2 and 4 coincide with mayoral elections, a council member who has served his or her maximum term of office can then run for the mayoralty without missing any time in office. The council member from Districts 1 and 3 must either resign to run for mayor, or skip a year after serving that maximum term before running for mayor.

Glasser, who represents District 3, will be resigning her seat to run for mayor on March 10. Bender, who represents District 4, did not have to resign to seek the mayor`s job.

``It`s discriminatory to those council people who are in Districts 1 and 3, and to the voters in those districts,`` said Glasser`s attorney, Harry Boreth.

If the court favors Glasser`s position, it could void Bender`s campaign.

Also, Abramowitz said his own bid for a council seat could be affected, although he is not named as a defendant.

``Dirty politics has again raised its head in the city of Tamarac,`` said Abramowitz, who said he plans to join the defense.

In another development involving Glasser`s campaign, property owner Ken Hemmerle wrote on Tuesday to the city denying he signed a Jan. 17 note on file with Tamarac that permits Glasser`s campaign signs to be posted at his Sun Island Plaza, at McNab and Nob Hill Roads.

That Jan. 17 note bears a name similar to Hemmerle`s but appears to use a slightly different spelling.

Hemmerle, who said he learned of the signature this week, said he does not intend to have Glasser`s signs removed, because both she and Bender have put up signs at his plaza and there is no appearance of partiality. He said he does not know who signed the authorization note.

``I`m certain (Glasser) wasn`t aware of it,`` he said.

Hemmerle`s son, also named Ken, is the law partner of Edward Klein, a council candidate who has also been a Glasser critic.